Subdivision 1. Voluntary admission and treatment. (a)
Voluntary admission is preferred over involuntary commitment and
treatment. Any person 16 years of age or older may request to
be admitted to a treatment facility as a voluntary patient for
observation, evaluation, diagnosis, care and treatment without
making formal written application. Any person under the age of
16 years may be admitted as a patient with the consent of a
parent or legal guardian if it is determined by independent
examination that there is reasonable evidence that (1) the
proposed patient has a mental illness, or is mentally retarded
or chemically dependent; and (2) the proposed patient is
suitable for treatment. The head of the treatment facility
shall not arbitrarily refuse any person seeking admission as a
voluntary patient. In making decisions regarding admissions,
the facility shall use clinical admission criteria consistent
with the current applicable inpatient admission standards
established by the American Psychiatric Association or the
American Academy of Child and Adolescent Psychiatry. These
criteria must be no more restrictive than, and must be
consistent with, the requirements of section 62Q.53. The
facility may not refuse to admit a person voluntarily solely
because the person does not meet the criteria for involuntary
holds under section 253B.05 or the definition of mental illness
under section 253B.02, subdivision 13.

(b) In addition to the consent provisions of paragraph (a),
a person who is 16 or 17 years of age who refuses to consent
personally to admission may be admitted as a patient for mental
illness or chemical dependency treatment with the consent of a
parent or legal guardian if it is determined by an independent
examination that there is reasonable evidence that the proposed
patient is chemically dependent or has a mental illness and is
suitable for treatment. The person conducting the examination
shall notify the proposed patient and the parent or legal
guardian of this determination.

(c) A person who is voluntarily participating in treatment
for a mental illness is not subject to civil commitment under
this chapter if the person:

(1) has given informed consent or, if lacking capacity, is
a person for whom legally valid substitute consent has been
given; and

(2) is participating in a medically appropriate course of
treatment, including clinically appropriate and lawful use of
neuroleptic medication and electroconvulsive therapy. The
limitation on commitment in this paragraph does not apply if,
based on clinical assessment, the court finds that it is
unlikely that the person will remain in and cooperate with a
medically appropriate course of treatment absent commitment and
the standards for commitment are otherwise met. This paragraph
does not apply to a person for whom commitment proceedings are
initiated pursuant to rule 20.01 or 20.02 of the Rules of
Criminal Procedure, or a person found by the court to meet the
requirements under section 253B.02, subdivision 17.

Legally valid substitute consent may be provided by a proxy
under a health care directive, a guardian or conservator with
authority to consent to mental health treatment, or consent to
admission under subdivision 1a or 1b.

Subd. 1a. Voluntary treatment or admission for persons
with mental illness. (a) A person with a mental illness may
seek or voluntarily agree to accept treatment or admission to a
facility. If the mental health provider determines that the
person lacks the capacity to give informed consent for the
treatment or admission, and in the absence of a health care
power of attorney that authorizes consent, the designated agency
or its designee may give informed consent for mental health
treatment or admission to a treatment facility on behalf of the
person.

(b) The designated agency shall apply the following
criteria in determining the person's ability to give informed
consent:

(1) whether the person demonstrates an awareness of the
person's illness, and the reasons for treatment, its risks,
benefits and alternatives, and the possible consequences of
refusing treatment; and

(2) whether the person communicates verbally or nonverbally
a clear choice concerning treatment that is a reasoned one, not
based on delusion, even though it may not be in the person's
best interests.

(c) The basis for the designated agency's decision that the
person lacks the capacity to give informed consent for treatment
or admission, and that the patient has voluntarily accepted
treatment or admission, must be documented in writing.

(d) A mental health provider that provides treatment in
reliance on the written consent given by the designated agency
under this subdivision or by a substitute decision maker
appointed by the court is not civilly or criminally liable for
performing treatment without consent. This paragraph does not
affect any other liability that may result from the manner in
which the treatment is performed.

(e) A person who receives treatment or is admitted to a
facility under this subdivision or subdivision 1b has the right
to refuse treatment at any time or to be released from a
facility as provided under subdivision 2. The person or any
interested person acting on the person's behalf may seek court
review within five days for a determination of whether the
person's agreement to accept treatment or admission is
voluntary. At the time a person agrees to treatment or
admission to a facility under this subdivision, the designated
agency or its designee shall inform the person in writing of the
person's rights under this paragraph.

(f) This subdivision does not authorize the administration
of neuroleptic medications. Neuroleptic medications may be
administered only as provided in section 253B.092.

Subd. 1b. Court appointment of substitute decision
maker. If the designated agency or its designee declines or
refuses to give informed consent under subdivision 1a, the
person who is seeking treatment or admission, or an interested
person acting on behalf of the person, may petition the court
for appointment of a substitute decision maker who may give
informed consent for voluntary treatment and services. In
making this determination, the court shall apply the criteria in
subdivision 1a, paragraph (b).

Subd. 2. Release. Every patient admitted for mental
illness or mental retardation under this section shall be
informed in writing at the time of admission that the patient
has a right to leave the facility within 12 hours of making a
request, unless held under another provision of this chapter.
Every patient admitted for chemical dependency under this
section shall be informed in writing at the time of admission
that the patient has a right to leave the facility within 72
hours, exclusive of Saturdays, Sundays, and holidays, of making
a request, unless held under another provision of this chapter.
The request shall be submitted in writing to the head of the
treatment facility or the person's designee.